MacKowick v. Westinghouse Electric Corp.

575 A.2d 100, 525 Pa. 52, 1990 Pa. LEXIS 117
CourtSupreme Court of Pennsylvania
DecidedMay 22, 1990
Docket110 W.D. Appeal Docket, 1988
StatusPublished
Cited by86 cases

This text of 575 A.2d 100 (MacKowick v. Westinghouse Electric Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacKowick v. Westinghouse Electric Corp., 575 A.2d 100, 525 Pa. 52, 1990 Pa. LEXIS 117 (Pa. 1990).

Opinions

OPINION

NIX, Chief Justice.

The appellant here requests that this Court reverse the decision of the Superior Court, 373 Pa.Super. 434, 541 A.2d 749, which affirmed the judgment entered by the Court of Common Pleas of Allegheny County. For the following reasons we conclude that as a matter of law appellant failed [54]*54to state a cause of action in strict liability based upon inadequate warning, and the judgment of the Superior Court must be affirmed.

In December, 1982, the appellant, William Mackowick, was installing an electrical capacitor in the switchgear room at Western Pennsylvania Hospital. The room had high voltage warnings on its door and was unlocked for authorized persons only. During the installation, one of the appellant’s co-workers removed the cover from the operating Westinghouse capacitor. On the lid was a warning to users which stated:

THIS CAPACITOR CONTAINS BUILT-IN DISCHARGE RESISTORS. CAUTION! WAIT FIVE MINUTES AFTER DISCONNECTING. THEN SHORT CIRCUIT THE TERMINALS AND GROUND THE CAPACITOR BEFORE HANDLING.

The appellant had similarly removed the lid to the Westinghouse capacitor several weeks prior to the accident and was aware of the warning written on the cover. He began to warn his co-worker of the danger of the live, uninsulated fuses inside the capacitor. As appellant pointed a screwdriver into the live capacitor, the electricity from the capacitor explosively flashed or “arced”, and he was severely burned.

Appellant filed suit against Westinghouse, as the,manufacturer of the capacitor, on a products liability theory alleging that Westinghouse provided inadequate warnings of the dangers of electrical “arcing” inherent in the unit. Westinghouse claimed the plaintiff assumed the risk of pointing a screwdriver near uninsulated fuses because, as an experienced electrician of 30 years, he was aware of the dangers of “arcing” regardless of the adequacy of the warning. After a four-day trial, the jury found in favor of Westinghouse.

Appellant appealed the judgment claiming the trial judge instructed the jury incorrectly as to this Commonwealth’s law of assumption of risk. A panel of the Superior Court reversed the trial court and remanded the case for new [55]*55trial. Reargument was granted before the Superior Court en banc and the judgment of the trial court was affirmed.

Appellant complains that the charge given to the jury misstated the law of assumption of risk, as it has been applied in this Commonwealth. The specific language of the trial judge concerning assumption of risk stated:

For you to find that a Plaintiff assumed the risk of his injury, you must find that the Plaintiff was aware of the danger presented by Defendant’s product and ... voluntarily proceeded to encounter the danger. The Plaintiff must have realized the danger, but not necessarily the specific defect itself, just the danger.

(N.T. 359-350)

Appellant asserts the trial judge’s charge that it was unnecessary for a plaintiff to know of the specific defect was contrary to existing law. He relies on the plurality opinion of this Court in Berkebile v. Brantly Helicopter Corporation, 462 Pa. 83, 337 A.2d 893 (1975),1 for the proposition that a plaintiff must have known of the specific defect to assume the risk. In Berkebile, this Court was faced with several alleged defects of a commercial helicopter, including a failure to provide adequate warnings, and the defense of assumption of risk. The Court stated, with regards to assumption of risk:

A plaintiff cannot be precluded from recovery in a strict liability case because of his own negligence. He is precluded from recovery only if he knows of the specific defect eventually causing his injury and voluntarily proceeds to use the product with knowledge of the danger caused by the defect. (Emphasis added.)

Id., 462 Pa. at 100, 337 A.2d at 901.

While this argument may be facially appealing, the fundamental error involved in this case relates to the trial judge’s determination to allow the issue of whether or not the product was defective to go to the jury. Mr. Mackowick [56]*56did not seek recovery in strict liability on a mechanical defect. He alleged the warnings provided by Westinghouse were inadequate to make this inherently dangerous product safe for use by the ultimate consumer. It is well settled a dangerous product can be considered “defective” for strict liability purposes if-it is distributed without sufficient warnings to notify the ultimate user of the dangers inherent in the product. Sherk v. Daisy-Heddon, Etc., 498 Pa. 594, 450 A.2d 615 (1982); Azzarello v. Black Bros. Co., Inc., 480 Pa. 547, 391 A.2d 1020 (1978); Berkebile v. Brantly Helicopter Corp., supra; Salvador v. Atlantic Steel Boiler Co., 457 Pa. 24, 319 A.2d 903 (1974); Webb v. Zern, 422 Pa. 424, 220 A.2d 853 (1966); see also, Restatement (Second) of Torts § 402A comment h. Such warnings must be directed to the understanding of the intended user. See Sherk, supra; Berkebile, supra; Incollingo v. Ewing, 444 Pa. 263, 282 A.2d 206 (1971); see also, Brown v. Caterpillar Tractor Co., 741 F.2d 656 (3rd Cir.1984); Jackson v. Coast Paint and Lacquer Co., 499 F.2d 809 (9th Cir.1974). The duty to adequately warn does not require the manufacturer to educate a neophyte in the principles of the product. A warning of inherent dangers is sufficient if it adequately notifies the intended user of the unobvious dangers inherent in the product.

The determinations of whether a warning is adequate and whether a product is “defective” due to inadequate warnings are questions of law to be answered by the trial judge. As this Court stated in Azzarello, supra:

These are questions of law and their resolution depends upon social policy. Restated, the phrases “defective condition” and “unreasonably dangerous” as used in the Restatement formulation are terms of art involved when strict liability is appropriate. It is a judicial function to decide whether, under the plaintiffs averment of the facts, recovery would be justified; and only after this judicial determination is made is the cause submitted to [57]*57the jury to determine whether the facts of the case support the averments of complaint.

Id., 480 Pa. at 558, 391 A.2d at 1026.

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Bluebook (online)
575 A.2d 100, 525 Pa. 52, 1990 Pa. LEXIS 117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackowick-v-westinghouse-electric-corp-pa-1990.